[Senate Report 105-144]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 281
105th Congress                                                   Report
                                 SENATE

 1st Session                                                    105-144
_______________________________________________________________________


 
                THE NATIONAL DROUGHT POLICY ACT OF 1997

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                 S. 222

       TO ESTABLISH AN ADVISORY COMMISSION TO PROVIDE ADVICE AND 
 RECOMMENDATIONS ON THE CREATION OF AN INTEGRATED, COORDINATED FEDERAL 
     POLICY DESIGNED TO PREPARE FOR AND RESPOND TO SERIOUS DROUGHT 
                              EMERGENCIES





                November 7, 1997.--Ordered to be printed


                   COMMITTEE ON GOVERNMENTAL AFFAIRS

                   FRED THOMPSON, Tennessee, Chairman
SUSAN COLLINS, Maine                 JOHN GLENN, Ohio
SAM BROWNBACK, Kansas                CARL LEVIN, Michigan
PETE V. DOMENICI, New Mexico         JOSEPH I. LIEBERMAN, Connecticut
THAD COCHRAN, Mississippi            DANIEL K. AKAKA, Hawaii
DON NICKLES, Oklahoma                RICHARD J. DURBIN, Illinois
ARLEN SPECTER, Pennsylvania          ROBERT G. TORRICELLI, New Jersey
BOB SMITH, New Hampshire             MAX CLELAND, Georgia
ROBERT F. BENNETT, Utah
          Hannah S. Sistare, Staff Director and Chief Counsel
             Kristine I. Simmons, Professional Staff Member
                 Leonard Weiss, Minority Staff Director
                    Michal Sue Prosser, Chief Clerk
                                 ------                                


SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT, RESTRUCTURING, AND 
                        THE DISTRICT OF COLUMBIA


                    SAM BROWNBACK, Kansas, Chairman
ARLEN SPECTER, Pennsylvania          JOSEPH I. LIEBERMAN, Connecticut
ROBERT F. BENNETT, Utah              MAX CLELAND, Georgia
      Laurie Ruberstein, Minority Staff Director and Chief Counsel
              Joyce Yamat Meyer, Professional Staff Member
                      Esmeralda Amos, Chief Clerk


                            C O N T E N T S

                                                                   Page
  I. Summary and Purpose..............................................1
 II. Background.......................................................1
III. Legislative History..............................................2
 IV. Section-by-Section Analysis......................................3
  V. Estimated Cost of Legislation....................................5
 VI. Evaluation of Regulatory Impact..................................6
VII. Changes in Existing Law..........................................7



                                                       Calendar No. 281
105th Congress                                                   Report
                                 SENATE

 1st Session                                                    105-144
_______________________________________________________________________


                THE NATIONAL DROUGHT POLICY ACT OF 1997

                                _______
                                

                November 7, 1997.--Ordered to be printed

_______________________________________________________________________


Mr. Thompson, from the Committee on Governmental Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 222]

    The Committee on Governmental Affairs, to which was 
referred the bill (S. 222) to establish an advisory commission 
to provide advice and recommendations on the creation of an 
integrated and coordinated Federal policy designed to prepare 
for and respond to serious drought emergencies, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                         i. summary and purpose

    S. 222, the National Drought Policy Act of 1997, 
establishes an advisory commission to provide recommendations 
on creation of an integrated and coordinated Federal drought 
policy.

                             ii. background

    While the Midwestern U.S. recently suffered from severe 
flooding, in 1996 the Southwest experienced the worst drought 
in over 100 years. The Committee recognizes, however, that any 
part of the United States can be devastated by the effects of 
drought. The United States often suffers serious economic and 
environmental losses from drought, but no strategy has been 
devised for a coordinated Federal response to drought 
emergencies. As opposed to sudden natural disasters such as 
tornadoes, the gradual nature of drought devastation has 
illustrated the need for comprehensive drought management 
rather than ad hoc drought response.
    At the Federal level, drought has been addressed through 
special legislation and ad hoc action. While several Federal 
agencies have a role in predicting, monitoring, and assisting 
communities at times of drought, no single Federal agency is 
responsible for coordinating preparations for and responses to 
serious drought emergencies. State, local, and tribal 
governments have been left to deal individually and separately 
with various Federal agencies involved in drought assistance.
    In response to the devastating drought of 1996, and with 
recommendations from the WesternGovernors' Association, the 
National Governors' Association, and the Multi-State Drought Task 
Force, the ``National Drought Policy Act of 1997'' was introduced by 
Senator Domenici (R-NM) on January 28, 1997. This bill establishes a 
commission to include Federal representatives, state governors, and 
other community members acutely affected by drought emergencies. The 
substitute amendment accepted by the Committee includes changes which 
would ensure that the Commission would receive important input from 
existing entities on drought preparation and response.
    S. 222 develops a commission to provide recommendations on 
a permanent and systematic Federal process to address this 
particular type of devastating natural disaster. The Commission 
is directed to report its recommendations to the President, the 
Senate Committee on Governmental Affairs, and the House 
Committee on Government Reform and Oversight within 18 months 
from the date of enactment of this Act.

                        iii. legislative history

    On September 8, 1997, the Subcommittee on Oversight of 
Government Management, Restructuring, and the District of 
Columbia held an informal meeting on the bill. Senator Pete 
Domenici joined Senator Sam Brownback (R-KS), Chairman of the 
Subcommittee, in leading the meeting. The following individuals 
participated in this meeting to present their views on S. 222: 
the Honorable Tom Hebert, Deputy Under Secretary for 
Conservation, United States Department of Agriculture; the 
Honorable Edward T. Schafer, Governor, North Dakota; the 
Honorable Jennifer Salisbury, Secretary, Department of Energy, 
Minerals and Natural Resources, New Mexico; John Hoffman, 
speaking on behalf of Mr. John Baker, Commissioner, Texas 
Natural Resources Conservation Commission; Mr. John Van Sweden, 
President, New Mexico Farm and Livestock Bureau, American Farm 
Bureau Federation; and Mr. Robert C. Brown, Executive Vice 
President, Credit Division, Farm Credit Bank of Texas. Senator 
Bob Kerrey (D-NE) also submitted a statement for those present 
at the meeting to consider.
    Because of the unique nature of a drought in which the 
devastating effects are gradual, those at the meeting stated 
that the current emergency federal aid policy does not provide 
solutions to the long term crisis of a drought. All of the 
participants expressed the need for a comprehensive federal 
policy and for an advisory commission as established under S. 
222 to specifically address the emergency response to a 
drought.
    The Subcommittee unanimously polled out S. 222 to the full 
committee on September 25, 1997.
    The Senate Committee on Governmental Affairs considered S. 
222 on November 5, 1997. Senator Domenici, for himself and 
Senator Kerrey (D-NE), offered an amendment in the nature of a 
substitute which incorporated technical modifications and a 
number of substantive changes that were suggested in testimony 
before the Committee. The changes include an increase in the 
number of commissioners from 12 to 14 in order to include a 
representative from the National Association of Counties and an 
additional representative from the National Governors' 
Association; language providing for consultation with the 
National Drought Mitigation Center in Lincoln, Nebraska; 
language providing for collaboration with the Western Drought 
Coordination Council on the applicability of regional 
initiatives at the national level; and language providing for 
dissenting viewsto be included with the report of the 
commission, if a consensus on its content is not achieved. No other 
amendments were offered. The Domenici amendment in the nature of a 
substitute was adopted by voice vote, and the bill as amended was order 
reported by voice vote.

                    IV. SECTION-BY-SECTION ANALYSIS

Sec. 1. Short Title

    This Act may be cited as the ``National Drought Policy Act 
1997''

Sec. 2. Findings

    This section finds that there currently exists no 
coordinated Federal strategy or permanent process to respond to 
drought emergencies, and that the President should appoint an 
advisory commission to provide advice and recommendations on 
creation of an integrated and coordinated Federal drought 
policy.

Sec. 3. Establishment of Commission

    This section deals with the organization structure of the 
Commission.
    (a) Establishment.--
    (b) Membership.--The 14 members of the Commission shall 
include:
          The Secretary of Agriculture, or his designee, as 
        Chairperson;
          The Secretary of the Interior, or his designee;
          The Secretary of the Army, or his designee;
          The Secretary of Commerce, or his designee;
          The Director of the Federal Emergency Management 
        Agency, or his designee;
          The Administrator of the Small Business 
        Administrator, of his designee;
    (The following members shall be appointed by the President 
within 60 days of enactment of the Act:)
          Two persons nominated by the National Governors' 
        Association, one to be a governor from a state east of 
        the Mississippi River and the other to be a governor 
        from a state west of the Mississippi River.
          A person nominated by the National Association of 
        Counties;
          A person nominated by the United States Conference of 
        Mayors; and
          Four persons representative of groups affected by 
        drought emergencies, such as the agricultural, credit, 
        rural water, and Native American communities.
    (c) Appointment and Vacancies.--Members are appointed for 
the life of the Commission, and vacancies are filled in the 
same manner as the original appointment.
    (d) Initial Meeting.--The first meeting of the Commission 
shall be held within 30 days of the appointment of the members.
    (e) Meetings.--Meeting will be called by the Chairperson.
    (f) Quorum.--A majority of the members of the Commission 
constitutes a quorum, but hearings may be held with fewer 
Commission members present.
    (g) Vice Chairperson.--The Vice Chairperson shall be 
selected from among the non-Federal members of the Commission.

Sec. 4. Duties of the Commission

    This section defines the contents of the study and report 
which the Commission shall submit within 18 months of enactment 
of this Act. In preparing the report, the commission shall:
          Determine, in consultation with the National Drought 
        Mitigation Center in Lincoln, Nebraska, preparation and 
        response needs on Federal, State, local and tribal 
        levels;
          Review existing Federal, State, local and tribal laws 
        and programs related to drought;
          Determine what gaps exist between the needs of 
        drought victims and the available Federal laws and 
        programs designed to respond to and mitigate the 
        impacts of drought;
          Collabrate with the Western Drought Coordination 
        Council to consider regional drought initiatives and 
        their applicability at the national level;
          Recommend national policy on integration of existing 
        programs without impacting state water rights;
          Recommend whether Federal drought preparation and 
        response programs should be consolidated under one 
        existing Federal agency.
    The contents of the report, if no approved unanimously, 
shall approved by majority vote. Those members voting not to 
approve the contents of the report shall allowed to submit 
dissenting views.

Sec. 5. Powers of the Commission

    (a) Hearings.--The Commission may hold hearings when and 
where it sees fit.
    (b) Information from Federal Agencies.--Federal departments 
or agencies shall provide requested information to the 
Chairperson.
    (c) Postal Services.--The Commission may use the U.S. mail 
in the same manner as other Federal department and agencies.
    (d) Gifts.--The Commission may accept, use and dispose of 
gifts or donations of services or property.

Sec. 6. Commission personnel matters

    (a) Compensation of Members.--Non-Federal members of the 
commission shall not be compensated for service on the 
Commission, except for travel expenses. Federal members shall 
not receive compensation for service on the Commission in 
addition to that received for services as Federal employees.
    (b) Travel Expenses.--This subsection allows for travel and 
per diem expenses in accordance with Federal law.
    (c) Detail of Government Employees.--Federal Government 
employees may be detailed to serve on the Commission, without 
interruption or loss of their civil service status or 
privilege.
    (d) Administrative Support.--The Secretary of Agriculture 
shall provide all financial, administrative, and staff support 
for the Commission.

Sec. 7. Termination

    This section directs that the Commission shall terminate 90 
days after submission of its report.

                    V. ESTIMATED COST OF LEGISLATION

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 7, 1997.
Hon. Fred D. Thompson,
Chairman, Committee on Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 222, the National 
Drought Policy Act of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Gary Brown 
and David Hull.
            Sincerely,
                                          Paul Van de Water
                                   (For June E. O'Neill, Director).
    Enclosure.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 222--National Drought Policy Act of 1997

    Summary: S. 222 would establish an advisory commission to 
provide advice and recommendations to the President and the 
Congress on the creation of an integrated federal policy 
designed to prepare for and respond to drought emergencies. The 
commission would submit a report recommending a national 
drought policy within 18 months of enactment of the bill. The 
Secretary of Agriculture would provide all financial, 
administrative, and staff support services for the commission.
    CBO estimates that implementing S. 222 would cost between 
$500,000 and $1 million over the 1998-2002 period, assuming 
appropriation of the necessary amounts. S. 222 would not affect 
direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply. The legislation contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act of 1995 (UMRA) and would not 
significantly affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the Federal Government: CBO estimates 
that implementing S. 222 would result in new spending subject 
to appropriation of less than $500,000 in each of fiscal years 
1998 through 2000 and that the total cost of implementing the 
bill would be between $500,000 and $1 million. Those costs 
would be subject to appropriation of the necessary amounts.
    Basis of Estimate: For purposes of this estimate, CBO 
assumes that (1) S. 222 is enacted in the next few months, (2) 
commissioners are appointed within two months of enactment, (3) 
the commission submits its report with its recommendations for 
a national drought policy at the beginning of fiscal year 2000, 
(4) the commission ceases to exist within three months after 
submitting the report, and (5) all amounts estimated to be 
authorized by the bill are appropriated.
    The commission would consist of 14 members, including six 
federal officers representing the Departments of Agriculture, 
the Interior, the Army, and Commerce, the Federal Emergency 
Management Agency, and the Small Business Administration. The 
other eight (nonfederal) members would be nominated by the 
Secretary of Agriculture and by state, county, and city 
associations.
    CBO anticipates that requiring federal officers to sit on 
the commission and detailing federal employees to the 
commission would collectively create a need for additional 
staff and overtime compensation at the affected agencies. The 
commission would incur additional costs for travel and per diem 
expenses of its members, communications, supplies, printing, 
and other general expenses. We estimate that the total cost of 
temporarily replacing individuals assigned to the commission 
and the general expenses of the commission would require new 
spending subject to appropriation of less than $500,000 a year 
for 1998 through 2000.
    The six federal officials that would serve on the 
commission would be compensated by their employing agency while 
performing commission business (but could not receive 
compensation in addition to that received in connection with 
their normal positions). The eight nonfederal members of the 
commission would be reimbursed only for travel expenses, 
including per diem in lieu of subsistence while away from home 
or their regular place of business.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: S. 222 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not significantly affect the budgets 
of state, local, or tribal governments.
    Estimate prepared by: Gary Brown and David Hull.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                  vi. evaluation of regulatory impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory and paperwork impact of S. 222, as 
well as the impact of the bill on personal privacy. The 
Committee finds that the bill will have no significant impact 
on paperwork or regulatory burdens, or on individual privacy, 
beyond what may be imposed by existing law.

       vii. changes in existing law made by the bill, as reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that S. 222, 
as reported, makes no changes in existing law.

                                
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